02/17/2012 01:00 PM House RESOURCES

           HB 229-BIG GAME COMMERCIAL SERVICES BOARD                                                                        
                                                                                                                                
1:31:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  announced that  the next  order of business  would                                                              
be HOUSE BILL  NO. 229, "An Act relating to  activities, including                                                              
violations and  penalties, under the  supervision of the  Big Game                                                              
Commercial  Services  Board."    [Before  the  committee  was  the                                                              
proposed  committee  substitute   (CS),  Version  I,  labeled  27-                                                              
LS0764\I,  Bullard, 2/13/12,  adopted  on 2/16/12  as the  working                                                              
document.]                                                                                                                      
                                                                                                                                
MICHAEL PASCHALL,  Staff, Representative Eric Feige,  Alaska State                                                              
Legislature,  on behalf  of Representative  Feige, prime  sponsor,                                                              
stated that  he did not need to  add anything more about  the bill                                                              
unless  there  were questions.    He  offered  his belief  that  a                                                              
committee member would be proposing an amendment.                                                                               
                                                                                                                                
CO-CHAIR  FEIGE closed  public testimony  after ascertaining  that                                                              
no one wished to testify.                                                                                                       
                                                                                                                                
1:33:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON   moved  to  adopt   Amendment  1,   labeled  27-                                                              
SL0764\I.1,  Bullard, 2/16/12,  which  read [original  punctuation                                                              
provided]:                                                                                                                      
                                                                                                                                
     Page 2, lines 25 - 27:                                                                                                     
          Delete "hunt is being conducted by a class-A                                                                          
     assistant   guide   or  a   registered   guide-outfitter                                                                   
     employed   by   the   contracting    registered   guide-                                                                   
     outfitter"                                                                                                                 
          Insert "board adopts regulations permitting [HUNT                                                                 
     IS BEING  CONDUCTED BY] a  class-A assistant guide  or a                                                                   
     registered   guide-outfitter   employed   by   a   [THE]                                                               
     contracting  registered  guide-outfitter  to  conduct  a                                                               
     hunt for a contracting registered guide-outfitter"                                                                     
                                                                                                                                
CO-CHAIR FEIGE objected for purposes of discussion.                                                                             
                                                                                                                                
1:33:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  explained that  in public testimony  [on 2/15/12]                                                              
a big  game services  guide and a  guiding organization  wanted to                                                              
ensure that supervision  and participation were not  weakened, but                                                              
that  conducting a  hunt  could  be allowed.    Amendment 1  would                                                              
allow the Big  Game Commercial Services Board to  pass regulations                                                              
to  allow  a  class-A  assistant  guide  or  a  registered  guide-                                                              
outfitter employed  by the  contracting guide  to conduct  a hunt.                                                              
The difference between  conducting a hunt was  supervising a camp,                                                              
so it  would not take  the place  of in-the-field supervision  and                                                              
participating in the  contracted hunt.  It was  requested that the                                                              
Big Game  Commercial Services  Board be  able to pass  regulations                                                              
to  allow that,  but not  specify in  statute in  taking away  the                                                              
authority of the board to pass those.                                                                                           
                                                                                                                                
1:35:03 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  stated that subsection  (e) on page 2,  lines 21-                                                              
27, would read as follows under the proposed amendment:                                                                         
                                                                                                                                
     A  registered   guide-outfitter  who  contracts   for  a                                                                   
     guided  hunt  shall  be in  the  field  supervising  and                                                                   
     participating  in  the contracted  hunt  and  conducting                                                                   
     the   hunt,   unless  the   board   adopts   regulations                                                                   
     permitting  a  class-A  assistant  guide  or  registered                                                                   
     guide-outfitter  employed by [a] contracting  registered                                                                   
     guide-outfitter  to  conduct a  hunt  for a  contracting                                                                   
     registered guide-outfitter.                                                                                                
                                                                                                                                
CO-CHAIR SEATON  reiterated that  the purpose  of Amendment  1 and                                                              
the legislative intent  is to allow the board  to pass regulations                                                              
on conducting  a hunt  in the field,  but not exclude  supervision                                                              
and  participation by  the registered  guide-outfitter, which  was                                                              
something  that  everyone wanted  to  make  sure was  retained  to                                                              
preclude someone from  being able to supervise a hunt  from out of                                                              
state and not participating in the field.                                                                                       
                                                                                                                                
1:37:04 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE  inquired  whether  Amendment 1  would  allow  for                                                              
assistant guides  to be the  guide for  an individual hunter.   He                                                              
surmised the assistant guide had to be class-A.                                                                                 
                                                                                                                                
CO-CHAIR SEATON confirmed  that the assistant guide  would have to                                                              
be a class-A  assistant guide.  He offered his  understanding that                                                              
a fairly  low qualification  is required  for an assistant  guide.                                                              
He  said the  original  bill specified  that  a class-A  assistant                                                              
guide or registered  guide-outfitter could be employed  to conduct                                                              
the hunt.  Conducting  the hunt entails supervising  a camp, being                                                              
the person  in charge,  being at  least 21  years old,  and having                                                              
some experience;  whereas an  assistant guide  can be as  young as                                                              
18 and  have very little  experience.   Under the regulations,  an                                                              
assistant  guide  must be  18  years  or  older and  have  legally                                                              
hunted for two years  in the state, but specifically  may not take                                                              
charge  of a  camp or  provide guide  services unless  contracting                                                              
with a registered guide.                                                                                                        
                                                                                                                                
1:39:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE said  he does not want to unnecessarily  put anyone                                                              
out of  work.   He asked  whether an  assistant guide  is what  is                                                              
commonly referred to as a packer.                                                                                               
                                                                                                                                
THOR  STACEY,  Alaska  Professional  Hunters  Association  (APHA),                                                              
replied that  the assistant  guide can accompany  a hunter  in the                                                              
field, but  cannot conduct  or supervise a  camp.  He  offered his                                                              
understanding  that  it  is  not  the intent  of  Amendment  1  to                                                              
infringe or  restrict the  abilities of an  assistant guide  or do                                                              
away  with that  license.   Amendment 1  would give  the Big  Game                                                              
Commercial  Services   Board  the  ability  to   adopt  meaningful                                                              
regulations  on the  supervision  or  of conducting  a  hunt by  a                                                              
registered  guide or  the contracting  guide.   It would give  the                                                              
ability  to approach  that  relationship  in regulation  that  the                                                              
only licenses  that  can supervise  a camp would  be a  registered                                                              
guide  or a  class-A  assistant  guide  employed by  a  registered                                                              
guide.   He  further  understood  that  an assistant  guide  could                                                              
accompany a  hunter in the field  legally for paid service  in the                                                              
employment of a  registered guide, but could not  supervise a camp                                                              
or conduct  the hunt.   He  added that  there are definitions  for                                                              
supervise and  conduct.   He said APHA  would support  Amendment 1                                                              
as  put forward  and would  especially support  the language  that                                                              
gives the board  specific statutory power to  approach supervision                                                              
in the field.                                                                                                                   
                                                                                                                                
1:41:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE  removed his  objection  to  Amendment  1.   There                                                              
being no further objection, Amendment 1 was adopted.                                                                            
                                                                                                                                
REPRESENTATIVE KAWASAKI  noted that he does not  have much problem                                                              
with  the bill  and its  language,  but asked  why  the bill  came                                                              
before this  committee rather  than the  House Labor and  Commerce                                                              
Standing Committee since it deals with occupational licensing.                                                                  
                                                                                                                                
CO-CHAIR  FEIGE replied  that  the Speaker  of  the House  assigns                                                              
where the bills go.                                                                                                             
                                                                                                                                
CO-CHAIR SEATON  moved to report  the proposed committee  (CS) for                                                              
HB 229,  version 27-LS0764\I,  Bullard, 2/13/12,  as amended,  out                                                              
of   committee    with   individual   recommendations    and   the                                                              
accompanying  [zero]  fiscal notes.    There being  no  objection,                                                              
CSHB  229(RES) was  reported  from  the House  Resources  Standing                                                              
Committee.